Expertise

Enduring Guardian / Advanced Health Care Directives

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Estate Planning Specialists

We make estate planning easy. We have many years of combined experience in this area and are dedicated to guiding you through every step of the process with expert legal counsel.

Comprehensive Range of Services

Whether you’re appointing an Enduring Guardian and establishing an Advanced Health Care Directives, Kells is your cornerstone. Let our expert estate planning lawyers assist you.

Readily Accessible

With strategically located offices across Sydney and the Illawarra region, we offer the benefit of convenience and accessibility to our clients in NSW.

Tailored Legal Solutions

We do not make you fit into a “one size fits all” for your estate planning requirements. Instead, we tailor our solutions to meet your unique needs and goals.

Here To Help

Are you worried about what might happen if an accident or illness renders you unable to make decisions for yourself? Kells can help you appoint someone to make healthcare decisions, give consent for your medical treatment and/or make lifestyle decisions.

Wills, Estate Planning & Trusts

Area of Expertise

How Can Our Estate Planning Lawyers Help?

Life can be unpredictable. Having an Enduring Guardianship or Advanced Health Care Directive in place not only gives you peace of mind — it also ensures your wishes will be respected should you be unable to make important decisions for yourself.



At Kells, we truly understand the importance of planning for a future where you might not be able to make your own medical decisions. Our team of empathetic and experienced lawyers in Sydney and Wollongong take the time to get to know you to ensure your wishes are respected.


This is about empowering you and providing security for your loved ones, knowing that if the time comes, your health and personal affairs will be handled in accordance with your desires.


Case study

Diane, a Registered Nurse, brought Susan, her elderly mother, to Kells for advice. Susan wanted to appoint Diane as her Enduring Guardian. Susan had informed her daughter “I do not want to be kept on a machine, or artificially alive if there is no chance of a quality life.” Diane knows that hospital doctors need lawful instruction and an Appointment of Enduring Guardianship appoints Diane to lawfully make decisions on her mother’s behalf if she is severely incapacitated and the need arises.

Frequently Asked Questions

  • What is an Appointment of Enduring Guardian?

    An Enduring Guardianship allows you to appoint a ‘guardian’ to make healthcare decisions, give consent for your medical treatment and make lifestyle decisions in the event you cannot legally make these decisions for yourself because you lack capacity.

  • What can your guardian do?

    Your guardian can authorise:

    • Healthcare decisions
    • Consent for medical and dental treatment
    • Lifestyle decisions such as where you live and what personal services you receive (such as an in-home nurse).

    You may include directions to your guardian on your decisions in relation to ‘life support’ and ‘do not resuscitate’ directions. Your guardian will confer with your medical team and make the best decision for you, as they believe your wish would be.

  • Who needs to appoint an Enduring Guardian?

    Anyone older than 18 years of age can appoint an enduring guardian, and we recommend that you appoint a family member or trusted friend. It is a serious decision and needs to be taken in consultation with your lawyer.


    Kells has advised clients in situations such as:

    • Where a spouse is incapable
    • Where a couple is separated, but not divorced
    • In same-sex relationships (especially where the relationship is not acknowledged by family)
    • In long, enduring friendships where the trusted friend is the appropriate decision-maker, rather than the next of kin.

    For the right professional advice, contact our experienced estate planning lawyers for a consultation.

  • What is an Advanced Health Care Directive?

    An Advanced Health Care Directive is a document in addition to your Appointment of Enduring Guardian.


    It allows you to be very specific in stating what treatment you require, in particular where you have strong wishes in relation to your future health care.


    An Advanced Health Care Directive is prepared in conjunction with your doctor and lawyer and extends your legal right to choose and determine your medical treatment and health care to a time when you may not be able to express these wishes for yourself.

Get Expert Estate Planning Advice

Do you have any questions or are you looking for the right professional advice? Call us today and let our expert estate planning lawyers assist you.

Wills, Estate Planning & Trusts

Area of Expertise

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